How to File a Birth Defect Lawsuit

Modern technology and medicine have dramatically decreased the risks of childbirth. Birth defects or injuries continue to occur frequently.

A birth defect lawsuit seeks compensation for your child's medical expenses, educational costs, and other expenses. You must prove that the medical professional you are suing violated the standard treatment during or prior to pregnancy or delivery.

Damages

Pregnancy is one of the most exciting and nerve-wracking moments in the life of a mother. Parents want their babies to be perfect and doctors do everything possible to avoid birth defects. Inattention to medical issues and negligence can increase the risk of birth defects and injuries. If this happens families that are shocked may want to seek justice through a birth defect lawsuit.

A successful birth defect lawsuit could result in damages for a range of different things. This includes the victim's suffering and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages a victim will receive will depend on the severity of their child's illness and the extent to which it has interfered with their quality of life.

Birth injuries and birth defects can be caused by a variety of causes such as exposure to environmental factors. Studies have shown that pesticides such as lead and fungicides, as well paints, heavy metals and heavy metals, could increase the risk of birth defect attorneys defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, as well as pharmaceutical companies that produce drugs such as DES that may cause birth defects in fetuses.

If you suspect that your child's birth defect or injury is the result of medical malpractice, you should seek out a skilled birth defect lawyer as quickly as possible. In certain states, there's only one year to file a medical malpractice lawsuit, and waiting more than that can mean losing your chance to get the justice you have earned for your child's injury.

Statute of Limitations

A statute of limitations is a law which defines the time frame for which a person has to file a civil suit. If a person misses the deadline, they will lose the right to collect damages from the defendant. Birth injury cases can have a more complicated statute of limitations than other medical malpractice claims.

A lawsuit is typically filed against the hospital or doctor that caused an injury to the patient during labor and delivery. These cases are commonly called birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to pursue a medical malpractice suit for an infant's death.

In order to prove medical negligence, the person who was injured will need to show that the doctor responsible did not adhere to the standard of care and consideration expected by another health healthcare provider in similar situations. This could include failing to recognize an illness that is serious, for example, low oxygen levels during childbirth that can cause cerebral palsy and brain damage.

The first step to file a birth defect lawsuit is to speak with a skilled attorney. A majority of attorneys offer free consultations and case reviews for potential clients. If an attorney believes the claim of a client is legitimate they will examine the medical documents of the client and employ experts to assess the records. They will also assist in preparing documents and filing the medical malpractice lawsuit in time.

Expert Witnesses

In a case with birth injuries, it is vital to have medical experts who are able to explain to jurors the medical practices and procedures. Expert witnesses can be difficult to testify because they have to scrutinize a vast amount of data to be able make decisions that are based on evidence rather than opinions. Additionally, they must be willing to testify on facts that might conflict with their beliefs.

In the Daubert case, the plaintiffs' experts argued that Bendectin was the cause of birth defects in their child. The judge ruled that the evidence was "at the forefront of scientific research, where evidence meets theories and the certainty is transformed into probabilities." However the judge did not believe there was sufficient evidence to prove that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs, who had filed a lawsuit against pharmaceutical companies to get justice. There are many avenues for the injured party could pursue a birth defect lawsuit.

A Philadelphia birth defect attorney will assist the victims to determine if they have a case. A lawyer can assist plaintiffs determine whether they are qualified to file a lawsuit as an individual or a class action. In some cases an attorney may be able to file a lawsuit for birth injuries as part of an interdistrict litigation. Fill out the form to get a confidential and free consultation with an attorney.

Representation

Modern technology and recent advances in the medical field may have decreased the chance of complications occurring during childbirth and pregnancy, but they're still not completely eliminated. Parents can take legal action if a birth defect or birth injury occurs, and the cause could have been avoided.

Medical negligence claims are often caused by a doctor's inability to diagnose or treat an illness. For instance, a physician may not perform an ultrasound test or make an error during surgery, which could result in a birth defect similar to spina bifida. Other common causes of a birth defect lawsuit include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb.

A birth defect can affect any part of a newborn's body, and affect their health, functioning and appearance. In certain instances the birth defect could drastically reduce a baby's lifespan or result in significant medical costs.

Contact an attorney for birth defects today if you suspect that the birth injury or defect was caused by medical negligence or malpractice during pregnancy or labor. A lawyer can explain your options and assist you to file a claim prior to the time limit expiring. A lawyer may also be in a position to negotiate settlements on your behalf with the parties accountable for your infant's injury.